N. P. George v. CBI Acb Mumbai And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1463 OF 2018 IN CRIMINAL APPEAL NO.1070 OF 2018 C.D.N.Singh & Ors.
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Applicants V/s.
Central Bureau of Investigation, ACB, Mumbai & Anr.
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Respondents WITH CRIMINAL APPLICATION NO.1464 OF 2018 IN CRIMINAL APPEAL NO.1070 OF 2018 Aditya Singh ...
Applicant V/s.
Central Bureau of Investigation, ACB, Mumbai & Anr.
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Respondents WITH CRIMINAL APPLICATION NO.1465 OF 2018 IN CRIMINAL APPEAL NO.1070 OF 2018 Randhir Singh ...
Applicant V/s.
Central Bureau of Investigation, ACB, Mumbai & Anr.
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Respondents WITH CRIMINAL APPLICATION NO.1466 OF 2018 IN CRIMINAL APPEAL NO.1070 OF 2018 1/4
Parimala Singh ...
Applicant V/s.
Central Bureau of Investigation, ACB, Mumbai & Anr.
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Respondents WITH CRIMINAL APPLICATION NO.1489 OF 2018 IN CRIMINAL APPEAL NO.1070 OF 2018 N. P. George ...
Applicant V/s.
Central Bureau of Investigation, ACB, Mumbai & Anr.
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Respondents .....
Mr.Vikram S. Nankani, Senior Counsel i/b. H.N.Associates, Advocate for the Applicants.
Mr.P.H.Gaikwad-Patil, APP for the Respondent/State. None for the Respondent/CBI.
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CORAM : A.M.BADAR J.
DATED : 28th SEPTEMBER 2018.
P.C. :
These are applications for suspension of sentence and releasing the applicants on bail during pendency of the appeal field by them.
The applicants are convicted of offences punishable under Sections 120-B and 511 read with Section 420 of the Indian 2/4
Penal Code by the learned Special Judge for the CBI, Greater Mumbai in CBI Special Case No.37 of 2003. On first count, they are sentenced to suffer rigorous imprisonment for one year and on the another count, they are sentenced to suffer rigorous imprisonment for three years and apart from this, some fine amount is imposed on them with the default sentence. Heard the learned Counsel appearing for the applicants/accused. He argued that during pendency of the trial, the applicants were on bail and they have not misused their liberty. It is further argued that the applicants have already deposited the entire fine amount.
None appeared for the Respondent No.1/CBI. The learned Additional Public Prosecutor appears for the Respondent No.2/State.
The applicants/accused were on bail during pendency of the trial and short sentence of imprisonment imposed on them had already been suspended by the learned trial Court. The appeal filed by them may not be heard within short period of three years. Therefore, the Order :
ORDER
(i) The applications are allowed.
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(ii) The substantive sentence of imprisonment imposed on the applicants/accused is suspended and they are directed to be released on bail on their executing P. R. Bond of Rs.15,000/- each and on furnishing surety in the like amount by each of them.
(iii) As a condition of this order, the applicants/accused should not repeat commission of similar offence in future.
(iv) The applications are disposed of accordingly. (A.M.BADAR J.) Raju Dattatraya Gaikwad Raju Dattatraya Gaikwad Date: 2018.09.29 11:48:31 +0530 4/4